WORKING TOGETHER FOR INCLUSIVE EDUCATION Role of the Ombudsperson for Children

1. Conference on Inclusive Education for Children with Disabilities Moscow – September 27-29, 2011 WORKING TOGETHER FOR INCLUSIVE EDUCATION Role of the Ombudsperson for Children Tanja Opačak adviser of the Ombudsperson for Children

2. A UNESCO definition of inclusive education “Inclusive education starts from the belief that the right to education is a basic human right and the foundation for a more just society. Inclusive education takes the Education for All (EFA) agenda forward by finding ways of enabling schools to serve all children in their communities…. Inclusive education is concerned with all learners, with a focus on those who have traditionally been excluded from educational opportunities – such as learners with special needs and disabilities, children from ethnic and linguistic minorities”. UNESCO, 2001

3. Normative framework.Five main international instruments • UN Convention on the Elimination of All Forms of Discrimination against Women (1979) • UN Convention on the Rights of the Child (1989) CRC/C/GC/9 (2006) • UNESCO The Salamanca Statement and Framework for Action on Special Needs Education(1994) • UNESCO The Dakar Framework for Action (2000) • UN Convention on the Rights of Persons with Disabilities (2006) Concluding observation for Croatia Education Laws Antidiscrimination Act Strategies

4. Abasic human right... The Convention on the Rights of the Child Articles 28, 29, 23 • Education is both: • a right in itself • a means of realising other rights • The right to education is at the centre of the notion of Inclusive Education

5. Abasic human right... Convention on the Rights of Persons with Disabilities Article 24 • Requiresall signatories to ensure that all children and young people with disabilities can fully participate in the state education system and this should be an ‘inclusive system at all levels’. • This right is to be delivered within an inclusive primary and secondary education system, from which disabled people should not be excluded. • Reasonable accommodations should be provided for individual requirements and support provided in individualised programmes to facilitate their effective social and academic education.

6. A worrisome reality • Stereotyping and discrimination • Lack of understanding and teaching skills • Inappropriate organisation • Limited/no resources • Cultural beliefs and traditions about disability • Harsh environment - physical, social, economic & political

7. A SHIFT from individual/medical model to social model

8. Does rhetoric of inclusion really promote inclusive education? • If it is adopted, could be • either redefined so that thrue content is lost • or the stated goal is decoupled from any meaningful action

9. The role of the Ombudsperson for Children

10. The role of the Ombudsperson for Children

11. The role of the Ombudsperson for Children Offices in regional centers - Rijeka, Osijek and Split at the local level, between children, detect the problems and actively participate in their resolving

12. The role of the Ombudsperson for Children • in individual cases, the Office does not have mandate to “resolve” specific problem, but we are entitled to investigate wheather the violation did occure, which person/institution is responsibile, and to demand competent procedure and remedy to take place • participation in numerous initiatives to amend laws or other legislative acts, many of which have been adopted • advocating for social inclusion of children with disabilities, their interests and rights and changing the public awareness in this field – long term process

13. PARTICIPATION!!! It is crucially important to engage with children with disabilities directly, to build their confidence, awareness of their rights, and capacity to communicate.

14. Insights... • In a world of standardized testing, increasingly high standards, and rapidly growing technology, parents face many challenges in ensuring that their children receive a good education that will equip them with the skills to be competitive in society. • Parents of children with disabilities face a special challenge in making sure that their child not only receives an appropriate education, but that their rights are upheld at the same time. • Although many positive gains have been made in the acceptance and accommodation of children with disabilities in the public school system, sadly, many parents still find themselves fighting for their child to be treated fairly.

15. What the numbers say... • Numbers from Annual Report of the Ombudsman for Children

16. Insights... • Segregated provision and inappropriate and exclusive teaching methodologies persist, even when there is a consensus on the need for inclusion and more flexible and sometimes individualised approaches to teaching • The low status of teaching as a profession, low pay and the impact of these on levels, quality and potential of students enrolling in teacher education courses were widely reported. • Lack of teacher’s competences for inclusive approaches to education. There is a lack of courses that equip teachers with competences for broad inclusive practices • Lack of relevant information for parents and poor cooperation between schools and parents

17. Who should work together?

18. Insights... • Improvements are clear, though, when we examines how much progress has been made in educating students with disabilities in the Republic of Croatia we still have to point out how much more is needed • Full inclusion is still years away, though, as many children with disabilities learn in special education classrooms.

19. The role of the Ombudsperson for Children • important to force and encourage political will • to demand fom the authorities to create a real obligation to review provisions and practice of achieving the most effective action to prevent and/or mitigating the effects of disability • process in which must participateall levels and structures of society

20. The role of the Ombudsperson for Children • State administration bodies, local and regional administration units, corporation and natural persons - obligation to submit reports upon demand, give answers to inquiries, and reportthe Ombudsperson • The Ombudsperson warn, give proposals and recommendations • Have access and insight into all data, information and files concerned with the rights and protection of children, disregarding their level of secrecy, and is entitled to the right of entering the premises and of getting the insight into the manner of the performance of care • Could require expert assistance of the scientists and specialists and scientific and expert institutions competent for the research, protection, care, development and rights of children, and they have the obligation to provide such assistance

21. The role of the Ombudsperson for Children • In this way we are promoting and helping to create a world in which every child is encouraged to fulfill his or her wishes and potential.

22. Our goal is... to promote and ensure • that children with special needs benefit from aneducational experience that includes quality learning opportunities withexpectations that consider each child’s individual needs • that inclusive way of thinking and acting among adults and children, allows every individual to feelaccepted, valued, and safe • that inclusive community consciously evolves tomeet the changing needs of its members. • that trough recognition and support,an inclusive community provides meaningful involvement and equal accessto the benefits of citizenship.